Disciplinary Measure and Principle of Legality: Reminder of Certain Principles Through Recent CAS Awards

Two very interesting awards have been rendered by CAS recently in what concerns sanctions against persons other than athletes. The take-away from these decisions as well as the need for sports federations to respect certain principles, such as the principle of legality in disciplinary-related proceedings, are easily transposed to all sports, including football, be it football national or international federations, even when driven by a zero-tolerance policy.

CAS 2017/A/5498 Vitaly Mutko v. IOC

CAS 2018/A/5987 Bernard Giudicelli v. ITF

Introduction

The first case, the matter CAS 2017/A/5498 Vitaly Mutko v. IOC, finds its origin in the context of the publicly known affair relating to the alleged doping manipulation scheme in Russia.

Nevertheless, as it does not concern a doping matter in relation to an athlete or the right of an athlete to participate in the Olympic Games, this case may be considered as less notorious in this factually and legally complex context.

That being said, the award sheds light -...

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